Applying for cancellation during the care period

If you employ someone who cares for a relative, this person is particularly protected against dismissal.

Caregiver Leave Act

This enables employees to care for close relatives in need of care in an acute care situation, either on a short-term basis or to organise care.

1. Employees can take up to six months of full or partial leave from work (without pay) to care for a close relative in need of care.
2. In acute care situations, employees can be absent from work for up to ten working days in order to organise care. This is considered a short-term absence from work.

Please note: This entitlement does not apply if you as an employer generally employ 15 or fewer people.

The special protection against dismissal applies from the time of the announcement of the care until the end of the short-term absence or care leave. During this time, you may not terminate the employment relationship without the consent of the competent authority (KVJS Department 3: Parental Leave/Care Leave).

Family Caregiver Leave Act

Family carers can reduce their working hours over a maximum period of two years to a minimum of 15 hours per week during the caring phase.

The employee must agree the family carer leave with you. They are not entitled to conclude the agreement.

Even if you employ 15 or fewer people, you can agree family carer leave.

In addition to the duration of the care phase, the agreement also regulates the reduction in working hours and the distribution of the reduced working hours.

You top up the reduced salary during the caring phase. You can apply for a loan from the Federal Office of Family Affairs and Civil Society Functions. If the employee returns to work at the original working hours after the end of the care phase, you retain wages during this post-care phase until the negative credit from the care phase is balanced out.

The employee must take out family carer's insurance to cover your risks through the advance wage payment. The top-up amount in the care phase is reduced by the premium payments to the insurance company.

Special protection against dismissal applies during the care phase and the post-care phase. Only in special cases can you terminate the employment relationship during these periods with the consent of the competent authority.